Deputy Director General
MINISTRY OF LABOUR- INVALIDS SOCIALIST REPUBLIC OF VIETNAM
AND SOCIAL AFFAIRS Independence- Freedom- Happiness
No. 736/QD-LDTBXH Hanoi, the 24th May, 2017
On Roles, Responsibilities, Duties, Authorities and Organization Structure
Of Department of Industrial Relations and Wage
THE MINISTER OF LABOUR - INVALIDS & SOCIAL AFFAIRS
Pursuant to the Law of the Government Organization dated 19th June 2015;
Pursuant to the Decree No. 123/2016/ND-CP of the Government, dated 01st September 2016, which stipulates roles, duties, authorities and organization structures of Ministries and Ministerial-level organizations;
Pursuant to Decree No. 14/2017/ND-CP of the Government, dated 17th February 2017, which stipulates roles, duties, authorities and organization structures of the Ministry of Labour - Invalids and Social Affairs;
Upon the proposal of the Director General of the Department of Personnel & Organization
Article 1. The Department of Industrial Relations and Wage is a unit of the Ministry of Labour - Invalids and Social Affairs, which established on the base of re-structuring the Department of Labour and Salary and the Center of Industrial Relationship Development, has the responsibilities and duties to assist the Minister in execution of the state management role in the area of labour, labour relation, wage as specified by laws.
The Department’s official name for international transaction in English is Department of Industrial Relations and Wage, in the short form is DIRWA.
Article 2. The Department of Industrial Relations and Wage has the following duties
1. Carrying out research activities and submitting to the Ministry:
a) Draft laws, draft ordinances and other legal documents in the area of labour, industrial relation; wage; registration and managing operation of the organization representing labourers;
b) Strategies, programs, long-term & annual plans, projects and planning on labour, industrial relation, wage, managing operation of the organization representing labourers;
c) On labour:
- Labour contract;
- Subleasing labour;
- Labour discipline and physical responsibilities/ liabilities;
- Labour policies in cases of merger, consolidation, separation, transfer of ownership or asset use rights, dissolvent, bankruptcy of businesses, cooperatives; re-structure, changes or upgrade of state-owned enterprises.
- Specific regimes, policies for female labours, labourers who are elderly, disabled, juveniles, domestic workers, labours working in the art, sport, labours take on home-made work and other type of workers in accordance with the regulation.
d) Industrial Relations:
- Social dialogues, democracy mechanism at work;
- Collective negotiation and collective bargaining, labour collective agreements;
- Settlement of individual and collective labour dispute and strike;
- Organizing activities of labour arbitration council and labour arbitrator;
- Policies, Solutions support for harmonized, sustainable and progressive industrial relations which could facilitate prevention of labour disputes and strikes.
e) On wage:
- Minimum wage;
- Principles of constructing wage ladder, wage table and labour criteria;
- Wage regime of businesses, organizations, offices, cooperatives, household enterprises, and individuals who recruit employees under labour contracts as specified by laws;
- Wage schemes of employees, leaders and managers of state-owned businesses, state capitalized businesses; determining the labour cost in the unit price of a public product or service;
- Wage regime applicable to foreigners working in Vietnam.
f) Registration and managing operation of the organization representing the labourer as prescribed by the labour law:
- Standard, condition of establishment.
- Profile, procedure of registration, refuses, re-issues the operation registration of the organization representing for labourers.
- Principle of organization, operation, free association of the organization representing of labourers.
- Right, obligation, responsibilities of the organization representing of labourers.
- Sample charter;
- Settlement of the dispute between the organization representing of labourers.
g) Managing operation of public services in the field of labour, industrial relation, wage.
2. Participating in communication activities on policies & legislation in the area of labour, industrial relation, wage, registration and managing operation of the organization representing for labourers.
3. Guideline and inspection of implementation of the regulation in the assigned fields.
4. Directing and organizing the implementation of the work of industrial relations development, registration and managing operation of the organization representing for labour.
5. Periodically conducting surveys and publishing average wage levels of employment market; implementing the statistic, building the management database in the field of labour, industrial relations and wage.
6. Being the permanent assistant body to the National Committee of Labour Relations and National Council of Wage.
7. Supporting the Ministry implementing the duties of National focal point for labour field in the process of Vietnam participating in the international trade agreement.
8. Performing international cooperation activities in the assigned field.
9. Carrying out scientific research works, participating in training activities provide to officials, public servants, civil servants and people working in the area of labour, wage, industrial relation, settlement of labour dispute and strikes, registration and managing operation of the organization representing for labour.
10. Assuming the prime responsibility for and coordinate with the Department of Organization and Personnel in studying and building the list of jobs and the norms of the number of persons working in public non-business units under their respective management; Criteria for titles of specialized professional officers.
11. Preliminary, review, periodic and unscheduled reporting on the assigned field.
12. Managing staff, physical & financial resources as specified by laws and the Ministry.
13. Performing any tasks assigned by the Minister.
Article 3. Organization structure of the Department of Industrial Relations and Wage:
1. The Department of Industrial Relations and Wage has one Director General and a number of Deputy Directors.
2. Functional sections include:
a) Section of Labour;
b) Section of Industrial Relations;
c) Section of Wage.
e) Center of Industrial Relations Development (public non- business)
Article 4. The Department’s Director General is responsible for set up and implementation of the working & working relation regulations of the Department; specifying roles and duties of the functional sections, office under the Department; managing and specifying tasks and works within the staff to ensure proper completion of the assigned duties and tasks; Drafting and submit to the Minister the stipulation of functions, duties, authorities and organization structure of the Center of Industrial Relation Development.
Article 5. The Department has its own seal and account and performs as an independent legal entity.
Article 6. This Decision comes into force from the date of signing.
Article 7. The Chief of the Ministry Office, The Director General of the Department of Organization & Personnel, the Director General of the Department of Planning-Finance, the Director General of the Department of Industrial Relations and Wage and Heads of related units bear full responsibility for implementation of this Decision.
Signed and stamped
Dao Ngoc Dung