Laws of Vietnam

THE GOVERNMENT

DECREES:

Article 1.- Position and functions

The Ministry of Labor, War Invalids and Social Affairs is a governmental agency, which performs the function of State management over labor, employment, labor safety, job-training, policies towards war invalids, martyrs and people with meritorious services, social relief, as well as social evil prevention and fighting (referred collectively to as labor, war invalids and social affairs) throughout the country; exercises the State management over public services and acts as representative of the owner of State capital amounts at enterprises with State capital under its management according to law provisions.

Article 2.- Tasks and powers

The Ministry of Labor, War Invalids and Social Affairs shall perform the tasks and exercise the powers prescribed in the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies as well as the following specific tasks and powers:

1. To submit the Government’s and the Prime Minister’s bills, draft ordinances and legal documents on labor, war invalids and social affairs to the Government and/or the Prime Minister.

2. To submit to the Government and/or the Prime Minister the Ministry’s strategies, development plannings as well as long-term, five-year and annual plans on labor, war invalids and social affairs as well as important programs and projects.

3. To promulgate decisions, directives and circulars within the Ministry’s scope of State management.

4. To direct, guide, inspect and take responsibility for the implementation of legal documents as well as the approved strategies, plannings and plans on labor, war invalids and social affairs; to provide law information, propagation, dissemination and education within the Ministry’s scope of State management.

5. Regarding labor and employment:

a/ To assume the prime responsibility and coordinate with the concerned agencies in elaborating and submitting to the Government and/or the Prime Minister:

- Policies on labor, salary and wage, and social insurance in the production and business sectors;

- Policies on employment, labor and expert export, foreign laborers working in Vietnam, and a number of other labor relations;

- National programs and funds on employment, national funds on severance allowance, and norms on creation of new jobs in the State’s socio-economic development plans;

- Stipulations on the conditions and procedures for establishment and operation of job-recommendation organizations;

b/ To uniformly manage labor and expert export as well as granting and withdrawal of labor- and expert-exporting permits.

6. Regarding labor safety:

a/ To assume the prime responsibility and coordinate with the concerned ministries and agencies in submitting to the Government and/or the Prime Minister:

- Policies and regimes on labor protection and labor conditions; personal protection outfits equipped for laborers; labor accident and occupational disease compensation; as well as working regime, working time and rest time;

- National programs on labor protection, labor safety and labor sanitation;

- Procedures and standards on labor safety;

b/ To promulgate the lists of heavy and/or hazardous or exceptionally heavy and/or hazardous jobs; and the list of machines, equipment, supplies and substances which strictly require labor safety; to prescribe and guide procedures for registration and expertise of assorted machines, equipment, supplies and substances which strictly require labor safety according to the provisions of the Labor Code;

c/ To coordinate with the Ministry of Health in promulgating the list of occupational diseases;

d/ To uniformly manage the declaration, investigation and statistics of labor accident reports.

7. Regarding job-training:

a/ To submit to the Government and/or the Prime Minister:

- Policies and regimes on job-training and job-learning;

- Stipulations on the conditions and procedures for setting up job-training establishments; as well as standards of job-training teachers;

- Schemes regarding the plannings on the network of job-training establishments;

b/ To promulgate the model charter of job-training establishments;

c/ To uniformly manage occupational technical standards and grades as well as list of training jobs; the training programs, contents and methods; the regulations on recruitment examination and granting of assorted graduation diplomas and certificates; to train and foster job-training teachers and job-training establishments’ managerial officials; and to evaluate job-training quality;

d/ To assume the prime responsibility and coordinate with the concerned ministries and branches in directing and inspecting the operation of job-training establishments.

8. Regarding war invalids, martyrs and people with meritorious services:

a/ To submit to the Government and/or the Prime Minister:

- Preferential policies and regimes towards revolutionary activists, martyrs and their families, war invalids, diseased soldiers, war resistance activists and people with meritorious services to the Revolution;

- Planning and regrouping of martyrs’ graves, martyrs cemeteries, monuments and works acknowledging martyrs’ meritorious services;

b/ To direct and inspect the nurture and convalescence of war invalids, diseased soldiers and people with meritorious services to the Revolution; the supply of artificial limbs, orthopedic tools and other support facilities to war invalids, diseased soldiers and people with meritorious services.

9. Regarding social relief:

a/ To submit to the Government and/or the Prime Minister:

- Policies on hunger elimination and poverty alleviation, social relief, and social support;

- National programs on hunger elimination and poverty alleviation;

- Plannings on the network of social relief establishments; organization and operation of social relief establishments;

b/ To direct and inspect the implementation of policies on hunger elimination and poverty alleviation, social relief or social support for the disabled, orphans, street children and lonely aged people without any support, people hit by natural calamities or floods, and war victims.

10. Regarding social evil prevention and fighting:

a/ To submit to the Government and/or the Prime Minister:

- Policies and solutions on prostitution prevention and drug detoxication; organization and operation of treatment and rehabilitation establishments for drug addicts;

- Plannings on the network of treatment and rehabilitation establishments for drug addicts;

b/ To direct and inspect the organization of treatment, detoxication, education, job-training, job-creation and reintegration into community for prostitutes and drug addicts.

11. To enter into international cooperation on labor, war invalids and social affairs under law provisions.

12. To organize and direct the implementation of the plans on scientific research as well as application of scientific-technical and technological advances in the labor, war invalids and social affairs domain.

13. To decide on specific undertakings and measures, and direct the implementation of mechanism for operation of non-business and public-service organizations in the labor, war invalids and social affairs domain according to law provisions; to manage and direct the operation of non-business organizations under the Ministry.

14. To perform specific tasks and exercise specific powers, which fall under the right to act as representative of the owner of State capital amounts at enterprises with State capital under its management according to law provisions.

15. To exercise the State management over activities of the associations and non-governmental organizations in the labor, war invalids and social affairs domain according to law provisions.

16. To inspect, examine and settle complaints and denunciations; to combat corruption, negative phenomena and handle violations related to labor, war invalids and social affairs according to its competence.

17. To decide on and direct the implementation of the Ministry’s administrative reform program in accordance with the objectives and contents of the State administrative reform program already approved by the Prime Minister.

18. To manage the organizational apparatus and payroll; to direct the implementation of wage regime as well as preferential, commendation and discipline regimes and policies; to organize the training, fostering and building of the contingent of State officials and employees under its competence. To provide professional guidance to the agencies exercising the State management over labor, war invalids and social affairs in localities.

19. To manage the assigned finance and assets, and to organize the execution of the allocated budget according to law provisions.

Article 3.- Organizational structure of the Ministry

a/ Organizations assisting the Minister in performing the State management function:

1. The Labor-Employment Department;

2. The Salary-Wage Department;

3. The Social Insurance Department;

4. The Social Relief Department;

5. The Legal Department;

6. The Department for International Cooperation;

7. The Planning-Finance Department;

8. The Department for Organization and Personnel;

9. The Department for Management of Overseas Labor;

10. The Department for Labor Safety;

11. The Department for War Invalids, Martyrs and People with Meritorious Services;

12. The Department for Social Evil Prevention and Fighting;

13. The General Department of Job-Training;

14. The Inspectorate;

15. The Office.

b/ Non-business organizations under the Ministry:

1. The Institute for Labor and Social Sciences;

2. The Institute for Orthopedic Sciences-Functional Rehabilitation;

3. The Informatics Center;

4. The Labor and Social Affairs Newspaper;

5. The Labor and Social Affairs Journal.

The Minister of Labor, War Invalids and Social Affairs shall assume the prime responsibility and coordinate with the Minister of the Interior in elaborating the plan on reorganization of the existing non-business units and submit it to the Prime Minister for decision in 2003.

Article 4.- Implementation effect

This Decree takes implementation effect 15 days after its publication on the Official Gazette. To annul the Government’s Decree No. 96/CP of December 7, 1993 on the functions, tasks, powers and organizational apparatus of the Ministry of Labor, War Invalids and Social Affairs and the previous stipulations contrary to this Decree.

Article 5.- Implementation responsibilities

The Minister of Labor, War Invalids and Social Affairs, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government
Prime Minister
PHAN VAN KHAI