THE GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM
No.62/2022/ND-CP Independence - Freedom – Happiness
Hanoi , September 12th, 2022
DECREE
Stipulating Functions, Duties, Authorities and Organization Structure
of the Ministry of Labour - Invalids and Social Affairs
Pursuant to the Law of the Organization of the Government, dated 19 June 2015; Law on amending, supplementing a number of Article of the Law on Organization of the Government and Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Decree No.123/2016/ND-CP dated 01 September 2016 issued by the Government, stipulating functions, duties, authorities and organization of Government Ministries and Ministerial-level offices; Decree No.101/2020/ND-CP dated 28 August 2020 issued by the Government on amending, supplementing a number of Articles of the Decree No. 123/2012/ND-CP dated 01 September 2016 issued by the Government, stipulating functions, duties, authorities and organization of Government Ministries and Ministerial -level offices
Upon the proposal of the Minister of Labour - Invalids and Social Affairs;
The Government hereby issues this Decree to define functions, duties, authorities and organization structure of the Ministry of Labour - Invalids and Social Affairs.
Article 1. Scopes and Functions
The Ministry of Labour - Invalids and Social Affairs is a Government Ministry, performs state management function on the following areas of: labour, wage and salary, employment, vocational education, social insurances, occupational safety and hygiene, people with special contribution to the country, social protection, children related issues, gender equality, social vices control and prevention (hereinafter referred to as “labour, people with special contribution & social issues”) covers a nationwide scope, including the state management over the public services applied to sectors and areas within the Ministry responsible fields.
Article 2. Duties and Authorities
The Ministry of Labour - Invalids and Social Affairs exercises duties and authorities as pre-described by the Government’s Decree 123/2016/ ND-CP dated 01 September 2016 which specifies duties, authorities and organization structures of Government Ministries and Ministerial-level offices, Decree No.101/2020/ND-CP dated 28 August 2020 issued by the Government on amending, supplementing a number of Articles of the Decree No. 123/2012/ND-CP, as detailed below:
1. Submitting to the Government draft laws, draft resolutions of the National Assembly, draft ordinances & resolutions of the Standing Committee of the National Assembly, draft decrees of the Government according to the Ministry’s annual programs of compilation of laws and legal documents as approved by the Government or specified in resolutions, projects, plans as assigned by the Government, the Prime Minister;
2. Submitting to the Government, the Prime Minister strategies, National Sector’s plans, long-term development plans, five-year plans, annual plans, projects, significant National projects of sectors and areas within the authorities of state management of the Ministry.
3. Submitting to Prime Minister draft decisions & directives, draft National Target Programs, draft National Programs, draft National Action Programs and other legal documents of sectors and areas within the Ministry’s authorities of state management or areas assigned by the Government, the Prime Minister.
4. Issuing circulars, decisions, directives and other legal documents on state management applied to sectors and areas within the Ministry’s authorities.
5. Directing, providing guidance and monitoring the implementation of legal documents, strategies, plans, National Target Programs, National Programs, National Action Programs, projects, significant national projects after being approved; conducting information and communication activities and providing legal counseling and education services of areas under the Ministry’s authorities accordance with the regulation of the specialized law.
6. On labour and salary/ wage:
a Providing guidelines on implementation of regulation on labour contract, work disciplines & physical responsibilities/ liabilities, on conducting social dialogue at work, labour collective bargaining processes; providing guidelines on settlement of labour disputes and strikes;
b) Providing guidelines on implementation of minimum salary, salary policies for labourers of enterprises, agencies, organizations, collectives, households and individuals using labour force under the Labour Code;
c) Providing guidelines on implementation of regulation for female labours, adolescent labours, elderly labours, labours who are people with disabilities, domestic workers and other labours;
d) Providing guidelines on registration and State management of the operation of representative organizing employees in accordance with the regulation; implementing the task of National contact on the field of labour in the process of participating international Commercial Treaties.
dd) Providing guidelines on salary, bonus and wage applied to employees and who hold positions of leaders and managers in State-owned enterprises;
7. On employment:
a) Providing guidelines for implementation & enforcement of legal regulations related to employment; recruitment and management Vietnamese employees and foreign labour working in Vietnam
b) Providing on implementation of collecting, restoring, synthetic, analyzing, forecasting, announcing the labour market information in the sector, responsible authorities excluding the labour market information belong to the National statistic indicators;
c) Providing regulations on conditions of establishment and operation of employment service activities;
d) Providing guidelines on the implementation of legal regulations and rules applied to unemployment insurance.
dd) Providing guidelines on management, using National Fund for Employment in accordance with the regulation.
8. On Vietnamese workers working overseas under employment contract:
a) Providing guidelines for implementation of Vietnamese legal regulations related to Vietnamese working overseas under employment contract;
b) Promoting, widening, stabilizing and developing overseas labour markets for the Vietnamese workers;
c) Setting up and providing guidelines on implementation of pre-departure training activities to workers working overseas under employment contract; stipulating contents of pre-departure training programs with specified necessary knowledge and issuing certificates to trained workers before departure;
d) Stipulating on operating license; issuing, renewing, adjusting information and withdrawing the operating license of institutions operating in the areas of sending workers to work overseas in accordance with regulation;
dd) Conducting and providing guidelines on contract registration applied to organizations who provide migrant workers, and to individual workers who shall work overseas under individual employment contracts; monitoring implementation of labour supply contracts of organizations;
e) Managing the Overseas Work Assistance Fund in accordance with regulation.
9. On vocational education (excluding pedagogy issue):
a) The main responsible unit collaborates with relevant ministries, sectors in providing guidelines on the implementation of legal regulations on vocational education;
b) Issuing the regulation of colleges, secondary schools and centers of vocational education; criteria for determining high-quality training programs; specific criteria for classification of public vocational education institutions according to the provisions of law;
c) Regulating the managing of graduation certificate & occupational certificate in vocational education, the equivalent qualifications for the people graduated vocational training qualifications overseas;
d) Building and issuing list of professional training at the 4th level in intermediate level, college level. Regulating the minimum body of knowledge of every vocational education level; regulating on regular training and the other professional training programs according to the law.
dd) Building announcement as assigned or recommending the authorities agencies announcing the standard on facilities and equipment of vocational education institutions;
e) Guiding the building, accrediting and announcing the standard of National vocational skill; regulating on issuing the National vocational skill certification;
g) Managing and implementing the accreditation of vocational education quality (excluding the colleges training the specific professional in the field of national defense, security);
h) Managing and implementing training, improving teachers and administration staffs, teachers in the continuing training programs;
i) Making decision of establishment, separation, merger, dissolution of colleges, establishment of representative offices of foreign vocational education institutions and organization in Vietnam, recognition of the principals of private colleges according to the provisions of law.
k) The main responsible and unit collaborates with the Ministry of National Defense, Ministry of Public Security, Ministry of Education and Training regulates the program, content of National Defense and public security education in the vocational education institution and implementation.
10. On social insurance:
a) Consultation in building, issuing, directing and providing guidelines on the implementation of policies, regulations on Social insurance;
b) Providing guidelines on the implementation of scheme of information & reporting of social insurance; of settlement of disputes, claim and condemnation, settlement of violations against social insurance regulations and laws.
11. On Occupational safety and health:
a) Providing guidelines on implementation of legal regulations & policies on industrial safety and occupational health, working conditions; providing guidelines on working & rest times; national programme on occupational safety and health; establishing national profile of cases of labour accidents and occupational diseases
b) Stipulating the compensation, allowance to cases of labour accidents and occupational diseases; allowance for labour accident; compensation in kind for employees working in environment with dangerous and hazardous factors;
c) Issuing list of machinery, equipment and materials which under strict requirements of labour safety on the base of proposal of relevant Ministries in accordance with regulations and Law; To assume the prime responsibility for implementing the work of State management for training work safety and sanitation activities and inspection of machinery, equipment and materials which under strict requirements of labour safety;
d) Assuming the prime responsibility for issuing the list of jobs with strict requirements on labor safety and hygiene; The list of hazardous, dangerous occupations and list of special hazardous and dangerous occupations. Specify criteria for classifying labour according to working conditions; The mode of providing personal protective equipment in work;
dd) Formulation of national standards; To promulgate national technical regulations on labor safety and sanitation under their respective management;
e) Issuing inspection procedures applied to machinery, equipment and materials which need special requirements on labour safety under the Ministry‘s authorities. Having opinions for other ministries and sectors to promulgate inspection procedures applied to machinery, equipment and materials which need special requirements on labour safety and hygiene under their respective management in accordance with regulations and Law;
g) Stipulating and guiding the quality inspection of specific products and goods on labour safety in accordance with the provisions of law;
h) Investigating occupational accident; Organizing and guiding the collection, storage, synthesis, provision, promulgation and evaluation of the situation of labour accidents, technical incidents causing serious unsafety and labour sanitation;
i) Guiding and organizing the implementation of the Action month on Occupational Safety and Hygiene.
12. On people with special contribution:
a) Guiding and implementing the privilege policies and legal requirements to people with special contribution to the revolutionary course;
b) Building schemes, criteria, modes of distribution of supporting equipments, orthopedics & rehabilitation tools to the people with special contribution;
c) Stipulating regulations for management of memorable monuments and developing a plan to identify works for martyrs in the relevant planning;
d) Providing guidelines and directing activities of finding, collection and cemeteries and information.
dd) Cooperating with other Ministries, sectors, localities and socio-political organizations to carry out movement of Den on dap nghia (movement of thanks giving to people with special contribution) and managing the “Thanks giving fund”;
13. On social protection:
a) Providing guidelines and monitoring the implementation of legal regulations on poverty elimination, social assistance, the field of the elderly, people with disabilities, social assistance subjects;
b) Organizing and directing the implementation of the National Target Program and programs of social assistance, social work, the elderly, people with disabilities, social assistance subjects within the given authorities.
c) Providing the guidelines on stipulating of the regulation on the standard level of social assistances in the communities and social assistance centers.
d) Providing the guidelines the regislation, management and issuing the licence on the establishment and operation of the social assistance centers;
dd) To promulgate according to the competence or submit to competent authorities for promulgation and direction of the implementation of legal documents on social relief in overcoming consequences of natural disasters.
14. On children’s affairs:
a) Providing guidelines on implementation of legal requirements and policies on children within the given authorities;
b) Hosting, cooperating with the relevant ministries and sectors on guiding the building, implementation the strategies, policies, National goals on Children;
c) Coordinating the implementation of the right of children; hosting, cooperating with relevant agencies and organizations, developing, guiding and implementing the policies, law on child protection and the child’s participation about the child issues, the child’s injury prevention and combat and the care and fostering to Children in difficult circumstances;
d) Hosting and cooperating with relevant Ministries, sectors, localities and socio-political organizations and other organizations to implement the Action month for children, Programs, plan for children under the Ministry’s responsibilities;
dd) Managing and using of national fund for Child Assistance of Vietnam as prescribed by regulation.
15. On social evil prevention and control:
a) Providing guidelines on implementation of legal regulations for prostitution prevention & drug give-up, managing people of post drug give-up; supporting human trafficking’s victims integrating into the community;
b) Providing guidelines on planning & organization of the center system of medical care - education – labour & social affairs, the management center system of post drug give-up people in accordance with the regulation of the Law;
c) Stipulating the program on behavior restoration and personality education & community re-integration programs applied to prostitutes and drug edicts.
d) Developing and submitting to competent authorities in order to issuing policies to support victims of trafficking; Guiding the implementation of measures to assist victims of trafficking under their jurisdiction;
dd / Directing the mainstreaming of contents on anti-human trafficking in programs on poverty reduction, vocational education, job creation support, social vices prevention, gender equality and child affairs.
16. On gender equality:
a) Providing guidelines and implementation the policies, law on gender equality as specified by laws;
b) Hosting, coordination with the relevant ministries, sectors, localities, socio-politic organization and agencies implement the Action month on gender equality and preventing and responding to gender-based violence.
c) Collecting data and preparing reports for submission to authorized bodies on gender equalities as specified by laws.
17. Providing guidelines on implementation the work of report, statistics activities in the areas of labour and people with special contribution and social affairs as specified by laws; developing, managing the data base and system of labour information/ statistics of the Ministry and sector.
18. Managing activities of IT application in the area of labour & social affairs, and the people with special contribution as specified by laws.
19. Managing specialized medical activities of the units having medical operation in the areas of labour & social affairs and the people with special contribution.
20. On public services:
a) Providing state management over public services within the given authorities of the Ministry as specified by laws; managing the public services organizations, units under the ministry;
b) Elaborating and issuing economic-technical standards applied to activities of public service; Regulations on bidding, ordering, assignment of public services; Defining quality criteria and standards of public services; The mechanism for monitoring, evaluating, accrediting the quality of public service and the efficiency of public non-business units the authorities of the Ministry and sector;
c) Developing and issuing criterias, standard of quality of the public services funded by the State budget; the regime of monitoring, assessment, quality accreditation and statue of accreditation of public administrative services funded by the state budget under the Ministry; operation’s effectiveness of the public services units of the in the management areas of the Ministry.
d) Guidance on the cost of wages, labour costs in prices, unit prices of public products and services and wages and salaries in the unit prices of public services funded by the state budget for enterprises having orders orders contracted or bids (or to be assigned tasks in the case prescribed by specialized law) in accordance with the law on assigning tasks, orders or bidding for the provision of public services funded by the state budget;
dd) Guide the implementation of policies, laws and support organizations to perform public service activities in the field of management.
21. Management and implementation of international corporation and integration in the areas of labour people of special contribution and social affairs.
22. Making decisions and providing guidelines on the Ministry’s program of public administration reform in line with targets and contents of the State program of public administration reform which has been approved by the Government, the Prime Minister.
23. Managing associations, NGOs operating in the areas of labour & social affairs and the people with special contribution as specified by laws.
24. Managing the organization structure, officials, the quantity of employees, quality of employees, employment position, structure of civil servant rank, professional titles, decision of recruitment, receiption, rotation, transfer, appointment, dismissal, resignation, dispatching, reward, discipline, retirement, implementing related regimes of wage and salary and other benefits under the given authorities and as specified by laws; training, fostering for officials, civil servants, employees; providing guidline of implementation the regulation of law on the professional title’s standards of the civil servants in the field under the Ministry.
25. Carrying out scientific research activities and application of new science and technology advances in the areas of labour & social affairs, and the people with special contribution.
26. Carrying out activities of auditing and inspection, providing settlement to claims and condemnation, participating in activities of anti-corruption and settling law violation cases as specified by laws.
27. Managing provided financial resources & assets as specified by laws.
28. Performing other duties and powers as assigned by the Government and the Prime Minister and as specified by laws.
Article 3. Organization structure of the Ministry
1. Department of Social Insurance;
2. Department of Gender Equality;
3. Department of Legal Affairs;
4. Department of International Cooperation;
5. Department of Personnel & Organization;
6. Department of Planning - Finance;
7. The Ministry Office;
8. The Ministry Inspectorate;
9. Department of Industrial Relationship - Wages
10. Department of Employment;
11. Department of Overseas Labour;
12. Department of Work Safety;
13. Department of National Devotees;
14. Department of Social Protection;
15. Department of Children's Affairs;
16. Department of Social Vices Prevention & Combat;
17. Directorate of Vocational Education;
18. Institute of Labour and Social Sciences
19. Labour and Social Affairs Information Technology Centre
20. Dan Tri News Paper;
21. Magazine of Labour and Social Affairs;
The units from points 1 to 17 in this Article are supporting units which provide the assistance to the Minister in his/ her execution of state management authorities; units from points 18 to 21 in this Article are State-owned business units which provide assistance to the Ministry in execution of its state management functions.
The Department of Planning & Finance have 3 sections.
The Minister of Labour - Invalids and Social Affairs is responsible to submit to the Prime Minister for approval and issuance of the Decision which defines functions, duties, authorities and organization structure of the Directorate of Vocational Education.
The Minister of Labour - Invalids and Social Affairs is responsible to promulgate Decisions which defines functions, duties and organization structure of the Departments, the Ministry Office; the Ministry Inspectorate, State-owned business units, and other units under the Ministry as prescribed in regulation.
Article 4. Effective Implementation
1. This Decree takes effect from September 12th, 2022.
2. This Decree supersedes the Decree No. 14/2017/ND-CP dated 17 Febuary, 2017 by the Government which stipulates functions, duties, authorities and organization structure of the Ministry of Labour - Invalids and Social Affairs.
Article 5. Transitional Provision
Dan Tri Online Newspaper, Newspaper of Labour and Social Affairs, Training School for Officials, Civil Servants on Labour and Social Affairs continue operating as specifized by the law till competent authorities complete the work of consolidation, merger according to regulations.
Article 6. Responsible Parties for Implementation
Ministers, Heads of the Ministerial-level offices, Heads of offices of the Government, Chairpersons of Peoples’ Committees of provinces and cities under central management are responsible to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Binh Minh