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Inspectorate

INSPECTORATE

MINISTRY OF LABOUR- INVALIDS AND SOCIAL AFFAIRS
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No.916/QD-LDTBXH
SOCIALIST REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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Hanoi, the 20th June, 2017
 
 
 
 
DECISION
On Roles, Responsibilities, Duties, Authorities and Organization Structure
Of the Ministry Inspectorate
 
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

 
DECIDES

Article 1. The Inspectorate of the Ministry of Labour - Invalids & Social Affairs (herein after referred to as The Ministry Inspectorate) is a unit of the Ministry of Labour - Invalids and Social Affairs, has the responsibilities and duties to assist the Minister in execution the legal laws and legislation on inspection works; exercises specialized inspection to offices, organizations and individuals and executes professional inspection to offices, organizations and individuals whose operations are within the management scope of the Ministry; exercises administrative inspection to offices, organizations and individuals and executes professional inspection to offices, organizations and individuals whose operations are within the management scope of the Ministry; participates in law  corruption prevention and combat; citizen engagement and reception, settlement of claims & condemnation as specified by laws.

The official name in English for international transaction is the Ministry Inspection, in short form is MI.

Article 2. The Ministry Inspectorate has the following duties:

1. Coordinating or participating in compilation of legal documents as assigned by the Minister; making proposals to authorized bodies on revision, amendment or issuing legal documents in line with the State management requirements in the in the area of labour, social affairs and the people with special contribution.

2. Leading the inspection planning process and submitting proposed inspection plans to the Minister for approval; conducting and leading the inspection plan implementation as specified in its responsibilities; providing guidelines, monitoring and checking the implementation of inspection plans performed by professional public servants deploying specialized inspection assigned by the Ministry.

4. Performing inspection on law & legal enforcement, on implementation of professional and technical regulations and rules of the Ministry’s responsible areas as listed below:

a) Inspection on labour code enforcement; occupational safety and hygiene;

b) Inspection on enforcement of laws related to sending Vietnamese to work overseas under employment contract;

c) Inspection on enforcement of laws related to vocational education; national vocational skill assessment activities;

d) Inspection on enforcement of laws and legal requirements on privilege offers to people with special contribution;

e) Inspection on enforcement of laws related to social insurance (including compulsory/ voluntary social insurances); Inspection on enforcement of law on the responsibilities of participating health insurance of employers, employees in accordance with the regulation of Law on Health Insurance;

f) Inspection on enforcement of law on children within the Ministry’s responsibilities and authorities;

g) Inspection on enforcement of laws related to poverty elimination & social assistance;

h) Inspection on enforcement of laws on social vices prevention and combat;

i) Inspection on enforcement of laws on employment, unemployment insurance;

k) Inspection on enforcement of gender equality within the Ministry’s responsibilities and authorities;

l) Inspection on enforcement of other laws and legal requirements applied to labour, people with special contribution and social affairs.

4. Executing inspection towards implementation and enforcement of laws, regulations, duties and authorities under direct supervision of the Ministry; performing public inspection towards professional inspection activities performed by public servants in the responsible areas of the Ministry as specified by laws.

5. Performing unexpected inspections and participating in inspection activities conducted by the Government, the Ministry and related sectors as assigned by the Minister.

6. Implementing the inspection of the accuration and legitimacy of the inspection conclusions and processing decision after the inspection of the Head of agencies assigned the specialized inspection function in the state management areas of the Ministry; or the President of Provincial People’s Committee with the case under the state management areas of the Ministry as needed.

7. Organizing investigation of labour accident and any breaches against labour safety standards, occupational hygiene & health; participating in setting up and providing guidelines for implementation and enforcement of national system on technical standards and criteria on labour safety & occupational hygiene.

8. Assisting the Minister in the work of state management on the settlement of claims & condemnation within the Ministry’s responsible areas; implementing the activities of citizen engagement and reception, settlement of claims & condemnation on labour, people with special contribution to the country and social affairs as regulated by law.

9. Assisting the Minister in the work of state management on performing corruption prevention and combating as specified by anti corruption laws within the Ministry’s responsible areas.

10. Providing guidelines on professional inspection to professional inspection units of the Ministry; providing guidelines to inspectors of the departments of labour and social affairs of provinces; providing guidelines and monitoring offices and units of the Ministry in implementation and enforcement of related legal regulations and laws on inspection, claim, condemnation and corruption prevention and combat.

11. Organizing the professional training, fostering for specialized inspectors, settlement of claims & condemnation, citizen engagement and reception for inspectors, public servants assigned the duties of specialized inspectors and public servants working in inspection under the Ministry, sector of labour – invalids and social affairs.

12. Requiring Head of unit assigned to implement the specialized inspection function under the Ministry to report on the inspection; Collecting information and data and report the result on the inspection under the state management areas of the Ministry.

13. Monitoring, inspecting the implementation of the conclusion, recommendation, decision processing on inspection of the Minister, Ministry Inspectorate.

14. Carrying out research works and taking part in legal education & training activities as assigned by the Ministry.

15. Collecting information and data and making reports to the Minister and the Government General Inspector on activities of inspection, settlement of claim and condemnation, corruption prevention and combat within the Ministry’s responsible areas; collecting  and  sharing information, experience and best practices in inspection activities within the areas of labour, social affairs and the people with special contribution.

16. Performing international cooperation activities as assigned by the Ministry.

17. Managing staff, physical and financial resources as specified by laws and assigned the Ministry.

18. Performing any tasks as assigned by the Minister.

Article 3. Organization structure of the Ministry Inspectorate:

1. The Ministry Inspectorate has a Chief Inspector and not over 03 Deputy Chief Inspectors.

2. Functional sections include:

          - Section of General Affairs and Supervision Inspection;

          - Section of Citizen Engagement, Administrative Inspection and Processing after inspection;

          - Section of Inspection of Policies on People with Special Contribution;

          - Section of Labour Safety Occupational Health Inspection;

          - Section of Labour Policies Inspection;

          - Section of Inspection of Policies on Child and Social Issues.

          - Section of Social Insurance Policies Inspection.

Article 4. The Chief Inspector of the Ministry Inspectorate is responsible for set up and implementing working/ working relation regulations of the Ministry Inspectorate; specifying roles and duties of the functional sections; managing and specifying tasks and works within the staff to ensure the completion of the assigned duties and tasks.

Article 5. The Ministry Inspectorate has its own seal and account as stipulated by laws.

Article 6. This decision comes into force from the date of signing and supersedes the Decision no. 614/QD-LDTBXH dated 16 April 2013 of the Minister of Labour - Invalids and Social Affairs, which stipulates roles, duties, authorities and organization structure of the Ministry Inspectorate.

Article 7. The Chief of the Ministry Office, the Director General of the Department of Personnel & Organization, the Chief Inspector of the Ministry Inspectorate and heads of related units bear full responsibility for implementation of this Decision.

 
 
 
THE MINISTER
Signed and stamped
Dao Ngoc Dung