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Ministry of Labor, War Invalids and Social Affairs 

 Thursday, October 22,2020

AsemconnectVietnam - The Ministry of Labour - Invalids and Social Affairs is a Government Ministry, performs state management function on the following areas of: employment, vocational training, wage and salary, social insurances (compulsory social insurance, voluntary social insurance and un-employment insurance), occupational safety, people with special contribution to the country, social protection, child care and protection, gender equality, social evils control and prevention.

 
I. Scopes and functions

The Ministry of Labour - Invalids and Social Affairs is a Government Ministry, performs state management function on the following areas of: employment, vocational training, wage and salary, social insurances (compulsory social insurance, voluntary social insurance and un-employment insurance), occupational safety, people with special contribution to the country, social protection, child care and protection, gender equality, social evils control and prevention (hereinafter referred to as “labour & social issues and people with special contribution”). The state management exercised by the Ministry covers a nationwide scope, including the state management over the public services applied to sectors and areas within the Ministry responsible fields.

II. Duties and authorities

The Ministry of Labour - Invalids and Social Affairs exercises duties and authorities as pre-described by the Government’s Decree 36/ 2012/ ND-CP dated 18 April 2012 which specifies duties, authorities and organization structures of Government Ministries and Ministerial-level offices, 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; or as defined in strategies, 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.
2. 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.
3. Issuing circulars, decisions, directives and other legal documents on state management applied to sectors and areas within the Ministry’s responsible authorities.
4. 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 responsible authorities.
5. On employment and un-employment insurance:
a) Providing guidelines for implementation & enforcement of legal regulations related to employment & labour market development policies; number on new jobs and policies for promotion of new job creation; policies on recruitment and management of local workers and expatriates working in Vietnam; policies of employment to specific groups of workers, policies on migrant workers, policies on un-employed workers due to re-structure of State-owned enterprises;
b) Providing guidelines on implementation mechanism to projects of National Target Programs of employment area within the Ministry‘s responsible authorities;
c) Providing regulations and rules on conditions of establishment, organization and operation of employment service organizations;
d) Providing guidelines and monitoring the implementation of employment service activities;
e) Organizing the system of labour market information; collecting and providing labour market data base to end-users, including organizations and individuals;
f) Providing guidelines, monitoring the implementation of legal regulations and rules applied to unemployment insurance.
6. 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) 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 and withdrawing the operating license of institutions operating in the areas of sending workers to work overseas;
e) 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; overseeing implementation of labour supply contracts of organizations;
f) Cooperating with the Ministry of Foreign Affairs in conducting and directing management activities and resolving any issues related to the Vietnamese workers working overseas under employment contracts;
g) Managing the Overseas Work Assistance Fund.
7. On vocational training:
a) Organizing, directing, monitoring, coordinating and cooperating with related Ministries and sectors to provide guidelines on policies and schemes of vocational training and learning;
b) Planning network of secondary schools, colleges and centers of vocational training system, stipulating details of conditions for establishment, organization & implementation of activities of vocational training units; stipulating model regulations of vocational secondary schools and colleges, vocational training centers, and standards of teaching aid and equipments of these institutions;
c) Stipulating list of vocational training trades and occupations, frame programs of skill levels of college and secondary training institutions, procedures of student enrolment, exams, tests, acknowledgement of graduation, format of graduation certificate & occupational certificate, issuing graduation certificate and occupational certificate;
d) Stipulating principles, processes, procedures and conducting the setting up of national standards of occupational skills; managing evaluation processes, issuing certificates for national standards of occupational skills;
e) Stipulating standards and procedures for evaluation of vocational training quality;
f) Making decision of establishment of vocational training colleges, acknowledgement of directors of private vocational training institutions within the Ministry’s authorities.
8. On employment and salary/ wage:
a Providing guidelines on implementation of employment contract, on conducting social dialogue at work, labour collective bargaining processes, work disciplines & physical responsibilities/ liabilities; providing guidelines on settlement of labour disputes and strikes;
b) Providing guidelines on implementation of minimum salary, salary scheme applied to employees and who hold positions of leaders and managers in State-owned enterprises; salary scheme of enterprises operating under the Law of Enterprise ; salary scheme applied to organizations and individuals using labour force under the Labour Code;
c) Providing guidelines for application of salary scheme applied to State-owned enterprises’ employees who attend training courses or have business trips overseas; providing guidelines for application of salary scheme applied to expatriates who work at State-owned enterprises & privilege scheme applied to typical worker groups;
d) Stipulating principles of setting up standards and norms of labour and technical skills of workers, competency standards of occupational staff of State-owned enterprises.
9. On compulsory social insurance & voluntary social insurance:
a) Providing guidelines and monitoring the implementation of schemes and policies of compulsory and voluntary social insurances and other types of social insurance as specified by laws;
b) Stipulating system of information & reporting of social insurance; of settlement of disputes, claim and condemnation, settlement of violations against social insurance regulations and laws.
10. On industrial safety and occupational health:
a) Providing guidelines on implementation of legal regulations & policies on industrial safety and occupational health, working conditions; compensation to cases of labour accidents and occupational diseases; providing guidelines on working & rest times;
b) Collaborating with Ministry of Public Health in stipulating and providing guidelines for implementation of in-kind compensation scheme and defining list of occupational diseases;
c) Issuing list of machinery, equipment and materials which under strict requirements of labour safety, list of personal protective equipment used by workers, list of hazardous and dangerous occupations and jobs, list of special hazardous and dangerous occupations and jobs;
d) Stipulating and providing guidelines for implementation of policies of personal protective equipment distribution; stipulating and providing guidelines on job type classification according to working conditions;
e) Stipulating and providing guidelines on registration, calibration and inspection of equipment, machinery and materials which need special requirements on labour safety;
f) Issuing registration, calibration and inspection procedures applied to machinery, equipment and materials which need special requirements on labour safety under the Ministry‘s authorities;
g) Carrying out evaluation activities to facilitate other Ministries in defining and issuing procedures of registration, calibration and inspection of machinery, equipment and materials which need special requirements in labour safety; facilitating other Ministries in defining and issuing standards, criterion, operating conditions of the registration, calibration and inspection institutions;
h) Stipulating and providing guidelines on quality inspection applied to products and goods which need special requirements on labour safety as required by laws;
i) Issuing the system of national standards on labour safety;
k) Coordinating, cooperating with and providing guidelines for carrying out the national programs of occupational safety, personal protective equipment and occupational hygiene, national weeks of labour safety, occupational hygiene and explosion & fire prevention & fighting;
l) Managing the national system of labour accident/ incident notification, investigation, reporting, data collection and making report to higher authorities as required by laws.
11. On people with special contribution:
a) Directing & monitoring the implementation of privilege policies and legal requirements to people with special contribution to the revolutionary course;
b) Stipulating schemes, criteria, modes of distribution of artificial limbs, orthopedics & rehabilitation tools & aids to the people with special contribution;
c) 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”;
d) Planning and providing guidelines to planning of system of social care centers to people with special contribution and memorable monuments and historic sites for commemoration of pass-away fighters;
e) Stipulating regulations for management of memorable monuments and historic sites for commemoration of pass-away fighters;
f) Providing guidelines and monitoring activities of finding, collection and receipt of pass-away fighters’ remains, cemeteries and information.
12. On social protection:
a) Providing guidelines and monitoring the implementation of legal regulations on poverty elimination and & social assistance;
b) Organizing and directing the implementation of the National Target Program on poverty elimination and programs of social assistance within the given authorities.
c) Providing guidelines on planning of the system of social assistance centers;
d) Stipulating in details on conditions of establishment, organization and operation of social assistance centers.
e) Stipulating procedures of receipt of social-assistance needed people to social assistance centers and their return to community and family;
13. On child protection and care:
a) Providing guidelines on implementation of legal requirements and policies on child protection & care within the given authorities;
b) Stipulating conditions of establishment, organization and operation of the system of child assistance centers;
c) Stipulating procedures of receipt of children in difficult circumstances to child assistance centers and their return to community and family;
d) Coordinating and cooperating with other Ministries, sectors, localities and socio-political organizations and other organizations to implement the National Action Programs for Children; Programs of Child Protection, Care and Education to Children in difficult circumstances; and other programs and plans for child protection, care and education;
e) Managing and using of national fund for Child Assistance of Vietnam.
14. On social evil prevention and control:
a) Providing guidelines on implementation of legal regulations, policies and solutions for prostitution prevention & drug give-up, managing people of post drug give-up and providing assistance to victims of human trafficking;
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;
c) Stipulating detailed conditions of establishment, organization and operation of the center system of medical care – education – labour & social affairs ; issuing and withdrawing of licenses of the voluntary drug give-up centers in line with laws.  
d) Stipulating education and vocational training & community re-integration programs applied to prostitutes and drug edicts.
e) Stipulating procedure of receipt of social-assistance needed people to the centers of medical care – education – labour and social affairs & management centers of post drug give-up people.
15. On gender equality:
a) Providing guidelines on implementation of gender equality as specified by laws;
b) Taking part in evaluation of gender equality integration into legal document compilation;
c) Collecting data and preparing reports for submission to authorized bodies on gender equalities as specified by laws.
16. Providing guidelines on implementation of statistics activities in the areas of employment and people with special contribution as specified by laws; setting up the data base and system of labour information/ statistics of the Ministry and sector.
17. Managing activities of IT application in the area of labour & social affairs, and the people with special contribution as specified by laws.
18. Managing specialized medical activities in the areas of labour & social affairs and the people with special contribution as specified by laws.
19. On public services:
a) Providing state management over public services within the given authorities of the Ministry as specified by laws;
b) Compiling and issuing standards and norms, processes, procedures, economic-technical standards applied to activities of public service provision under the authorities of the Ministry and sector
c) Providing guidelines to organizations who deliver public services as specified by laws.
20. Carrying out activities of international corporation and integration in the areas of labour & social affairs and people of special contribution as specified by laws.
21. 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.
22. Exercising authorities and duties of the state owner over State-owned single-member limited-liability enterprises, and over the state-own funds invested in other entities which are organized and operated under the Law of Enterprise and under the given authorities of the Ministry.
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, public servants and employees, implementing related regimes of wage and salary and other fringe benefits, including recognition and reward, discipline and punishment under the given authorities and as specified by laws.
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 and managing the use of the authorized budget as specified by laws.
28. Performing other duties and powers as assigned by the Government and the Prime Minister and as specified by laws.

III. Organization structure of the Ministry

1. Department of Labour and Wage;
2. Department of Social Insurance;
3. Department of International Cooperation;
4. Department of Gender Equality;
5. Department of Planning - Finance;
6. Department of Legal Affairs;
7. Department of Personnel & Organization;
8. The Ministry Inspectorate;
9. The Ministry Office;
10. Department of Overseas Labour;
11. Department of Labour Safety;
12. Department of National Devotees;
13. Department of Social Vices Prevention & Combat;
14. Department of Employment;
15. Department of Social Protection;
16. Department of Child Protection & Care;
17. Directorate of Vocational Training;
18. Labour and Social Affairs Information Centre
19. Institute of Labour and Social Sciences
20. Institute of Orthopedics & Rehabilitation;
21. Magazine of Labour and Social Affairs;
22. Magazine of Family and Children;
23. News Paper of Labour and Social Affairs;
24. Training School of Labour & Social Affair Officials & Public Servants;

In this Article, the units from points 1 to 17 are supporting units which provide the assistance to the Minister in his/ her execution of state management authorities; units from points 18 to 24 are State-owned business units which provide assistance to the Ministry in execution of its state management functions.
The Department of Labour and Wage is divided into 3 sections, the Department of International Cooperation is divided into 4 sections, the Department of Planning & Finance is divided into 4 sections, the Department of Legal Affairs is divided into 3 sections, and the Department of Personnel and Organization is divided into 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 Training and other State-owned business units of the Ministry established by relevant authorities.
 
Leaders of the Ministry of Labor, War Invalids and Social Affairs 

Title
Full name
Minister
                         Dao Ngoc Dung
Deputy Minister
                          Bui Hong Linh
Deputy Minister
Nguyen Thanh Ha
Deputy Minister
Nguyen Trong Dam
Deputy Minister
Pham Minh Huan
Deputy Minister
Nguyen Ngoc Phi
Deputy Minister
Doan Mau Diep

Address: No. 12 Ngo Quyen St., Hoan Kiem District, Ha Noi, Viet Nam
Tel: 84-4-38269557; 84-4-38269556
Fax: 84-4-38248036
 
Source: www.molisa.gov.vn
 

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