Circular 37/2015/ttlt-Bldtbxh-Bnv: A Guide To The Functions, Duties, Powers And Organizational Structure Of The Department Of Labor, Invalids And Social Affairs Department Of The Provincial People's Committee, The City In ...

Original Language Title: Thông tư liên tịch 37/2015/TTLT-BLĐTBXH-BNV: Hướng dẫn chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Sở Lao động - Thương binh và Xã hội thuộc Ủy ban nhân dân tỉnh, thành phố trực thuộc...

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DEPARTMENT OF LABOR-COMMERCE AND SOCIAL-INTERIOR MINISTRY
Number: 37 /2015/TTLT-BLTBXH-BNV
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 2, 2015

FEDERAL INFORMATION

Guide to function, mission, authority, and organizational structure of S in L Move-T The incense

and X Your association. Brew The people of the province, the city of the city. I vibration Yeah. -Yeah. I'll L Move- I The incense

and X Your association. Brew The staff. n the district, the county, the town, the city of the province

____________________________

Base of Protocol 36 /2012/NĐ-CP 18th 18th Ah! 4 in 2012 of Ch I'm Functional, mission, rule. Okay. Limit and muscle All A socket of the ministry, the peer-to-peer basis;

Base of Decree Stain. 106 /2012/NĐ-CP December 20, 2012 of the Government Regulating Functionality, Mission, Regulation Okay. Limit and structure socket function of the Ministry of Labor-Trade i And Society.

Base of Decree Stain. 58 /2014/ND-CP 16th Ah! The 6 Year 2014 of Ch I'm Functional, mission, rule. Okay. Limit and muscle All A socket function of the Ministry of Internal Affairs;

Base of Protocol 24 /2014/ND-CP 04 th Ah! The Government of the Government is 4 years 2014. socket Specialist agencies. Brew The people of the province, Stain. It is the Central Committee.

Base of Decree Stain. 37 /2014/ND-CP 05 Ah! The 5-year 2014 Government of Regulation t socket Specialist agencies. Brew The people of the district, the county, the town, the city. Stain. of the province;

Minister of Labor-Trade and Social Affairs, Minister of Internal Affairs issued the d-direction Citizenship Notification There. n functions, duties, powers and organizational structures of the Department of Labor-Trade and Social Affairs of the Provincial People ' s Committee, into ph. Stain. The Central Committee (later known as the Provincial People ' s Commission) and the Chamber of Labor-Commerce. i And the Social Committee of the District, the district, the town, the city. Stain. in the province (later known as the District People's Committee).

Chapter I

LABOR-COMMERCE AND SOCIETY

What? 1. Location and function

1. The Department of Labor-Trade and Social Affairs is the specialist body of the Provincial People 's Committee, which performs the staff function, which helps the Provincial People' s Commission to manage the state on: Labour; employment; teaching; salaries; public wages; social insurance (insurance). Compulsory society, voluntary social insurance, unemployment insurance); occupational safety; workers; social protection; protection and childcare; gender equality; room, anti-social crime (later collectively as the field of labor, public and social sectors).

2. The Department of Labour-Trade and Social Affairs has legal status, seals and accounts under the rule of law; subject to the direction, management and executive of the Provincial People ' s Committee; at the same time under the direction of conduct, examination, guidance on expertise, career and business. of the Ministry of Labor-Trade and Social Affairs.

What? 2. Mission and jurisdiction

1. Provincial People's Committee:

a) The draft decision, directive; planning, long-term planning, 05 years and every year; the program, the project, the project, the organizational measure of the task of reforming the state administrative reform of labor, the public and society of the state administration of the Department of State. Labor-Trade and Social Affairs;

b) The text draft for the functional, task, authority, and organizational structure of the Department of Labour-Trade and Social Affairs;

c) The draft of the conditional, conditional, title, title to the Head, Deputy of the Department of the Department; Head, Deputy Minister of Labour-Trade and Social Affairs of the District People's Committee.

2. The Chairman of the Provincial People ' s Committee:

a) The draft of the written authority issued by the Chairperson of the Chair of the Provincial People's Committee on the field of labor, public and social;

b) The draft decision to establish, merge, split, dissolve, reorganize the units of the Department of Labour-Trade and Social Affairs under the rule of law.

3. The organization performs laws that violate the law, planning, planning, program, project, project, and other matters of the labor sector, who are public and socially after being approved; information, propaganda, guidance, disseminism, education, surveillance, surveillance, and other issues. The law enforcement of the areas of the state is governed.

4. On the field of employment and unemployment insurance:

a) Organization implementation of the planning, plan, program, project, solution of employment, the provincial labor market development policy under the guidance of the competent authority;

b) Guide and implement the rules of the law on:

-Consumer and job creation solutions add;

-A job creation policy in businesses, cooperation, collective economic forms, private;

-The employment policy on the subject of particular subjects (disabled persons, elderly people, and other subjects), labour working at home, displacement labor and some other subjects under the rule of law;

Unemployment insurance.

c) Management of employment service organizations in accordance with the rule of law; grant, reorder, renew, revoking, or re-receiving the employment of employment services of the employment services business under the mandate of the Provincial People's Commission;

d) Level, resupply, revoking labor permits for labour as foreign citizens to work in Vietnam by the regulation of labor law.

5. On the field of Vietnamese labourers working abroad under contract:

a) The guide and organization of the implementation of the recruitment work of workers to work abroad belongs to the state management scope of the Department;

b) The guide, taking on the contract registration of workers traveling abroad under the personal contract and of the business bringing workers to the practice of raising skilled occupiers abroad has a deadline of less than 90 days and checks, which oversees the implementation. registration of the contract;

c) Statistics the number of active businesses bringing Vietnamese workers to work abroad according to the contract and the number of workers who go to work abroad under contract;

d) inform workers who work abroad to return to the country needs to recruit labor in the country; guidelines, introduce workers to register for employment;

Presided over, coordinating with relevant agencies addressing the requirements, the organization's recommendations and individuals in the field of Vietnamese workers to work abroad under contract.

6. On the field of vocational teaching:

a) Organisational implementation of the planning, planning, program, project, project development project in the locality after approval;

b) Guide and examination of the organization implementation of the regulations of vocational law; teacher standards and vocational management staff; enrollment, law enforcement, examination, graduation recognition, and degree of degree, certificate of employment; political regime. book for management cadres, vocational teachers and students, statutory students under the rule of law; management of evaluation, national occupational skills certification after being devolve; granted, revoking the certificate of vocational training in vocational training. the authority;

c) Instructions and organizations to carry out training, fostering, use of management staff and vocational teachers; institutions of faculty members, vocational teachers, vocational training equipment associations, departments associated with student work, students, and students. I'm a student.

7. On the field of labor, wages:

a) Guide to the implementation of the labor contract, dialogue at work, collective bargaining, collective labor agreement, labor discipline, physical responsibility, labor dispute resolution and strike; the regime for workers in the arrangement, reorganization and transformation of state-owned enterprises, bankrupt businesses, institutional enterprises, equity enterprises, intersections, business sales; and more.

b) The implementation of the wage regime in accordance with the rule of law;

c) A regime guide, preferable policy for female labor, labor as people with disabilities, elderly workers, unjuvenile labor, labourers who help the family and some other labor;

d) Instructs and organizations to implement the provisions of the law on renal employment in the locality;

) Statistics the number of businesses for hiring labor, doing rehiring of labor, labor and employment, and the number of workers renting.

8. On the field of compulsory social insurance, voluntary social insurance:

a) Staff to the Provincial People's Committee to petition the ministries, the sector concerned with solving the problems of the health insurance of the jurisdiction;

b) Take on the record and organize the number of temporary labor force appraisal for the case of a business that is suspended from the pension and death fund;

c) Implementionation, policy on social insurance by hierarchy or authorization of the Provincial People's Commission and by the provisions of the law.

9. On the field of labor safety:

a) Guide, organization of the National Programme for Labor Safety, Labor Hygiene; National Week of Labor safety, sanitation and prevention, fire fighting;

b) Guide to the provisions of the law of the time of work, time of rest and safety of labor, labor hygiene within the local domain;

c) Guide and deployment of management, product quality testing, special goods for labor safety; take on the case and resolve the procedure for product contracts, special goods for local labor safety;

d) A guide to work-safety engineering testing; receiving documentation and validation of the declaration, using machine types, equipment with strict requirements for labor safety;

) Presided, co-ordinated the organization of fatal labor accident investigation, severe labor accidents injured from 2 workers; investigation of labor accidents, serious incidents have been investigated by employers if they have complaints, denouncing or otherwise. when it is necessary;

e) Take over the document announcing the organization to do more from over 200 hours to 300 hours in a year of business, agency, organization, individuals who use the employer on the management site.

10. On the field of the public:

a) Guide and organization to implement the provisions of the law to the public with the revolution;

b) The guide and organization of the implementation of the social base system planning, nursing workers with the revolution, the enrollment works; the management of the enrollment of the listed officer on the site;

c) Chair, co-ordination of the organization of the reception and burial of the cadet; information, reporting on the grave of the artist; visiting the enaberment of the artist, moving the cadet remains;

d) Participate in the provincial medical examiner ' s Council on disability monitoring and the decline in labor capacity due to injury to the person with the revolution;

Management of the object, object profile and budget execution of policies, preferable people with their lives and relatives;

e) The guide and organization of the "Repay Gratitude" movements; management and use of the Foundation "Satisfy The" provincial " level.

11. On the field of social protection:

a) Guide and organization to implement the National Goals Programme on poverty reduction, the Resolution to promote sustainable poverty reduction goals and poverty reduction policies, the National Action Program on the Elderly Vietnamese and the Schemes, programmes and programs. Other social protection is relevant;

b) Overall, the statistics of the elderly, people with disabilities, people with mental disturbances, psychomones, frequent social aid subjects, mutants, poor households, poor households and other social protection subjects;

c) The organization builds social protection infrastructure networks, organizations that provide social work services, disability care facilities, elderly care facilities, and other types of facilities that provide care, foster social protection.

12. On the field of protection and childcare:

a) Guide and organization that performs programs, plans, models, projects of protection, childcare; and more.

b) Organization, monitoring, evaluation, evaluation of the implementation of child rights by the rule of law; regimes, policies on protection, childcare; construction of township, ward, town in line with children;

c) Management and use of the Provincial Child Protection Fund.

13. On the field of room, anti-social distress:

a) Perform a permanent duty in the room, anti-prostitution; professional guidance, career, management, implementation of a room, prevention of prostitution, forced rehab, voluntary rehab, post-drug management, aid to the victim. following the devolve, authorization;

b) Professional instruction, a career, management organization for mandatory rehab facilities, voluntary rehab facility, post-rehab facility, demoralization facility, authorization.

14. On the field of gender equality:

a) The voice guide to gender equality issues in the construction and organization implementation of the strategy, planning, local social economic development plan; the organization of the organization to implement measures that promote gender equality in accordance with economic conditions. Local social media.

b) As the Permanent Authority of the Board for the advancement of provincial women, it is responsible for ensuring the operating conditions of the Board and its use of the apparatus to organize the task of Ban.

15. Help the People ' s Provincial Committee to manage the state for businesses, collective economic organization, private economy, associations and NGOs in the field of labor, public and social.

16. Guide, check out the implementation of the self-control mechanism, self-responsibility for the established career units operating in the field of labor, public and social workers of the local.

17. Implementiation of international cooperation on the areas of the state governing capacity of the Department by the provisions of the law and the division, hierarchy, or authorization of the Provincial People's Committee, the Chairman of the Provincial People's Committee.

18. Specialist guides, labor-sector jobs, public and social workers for the Chamber of Labor-Trade and Social Affairs of the District People's Committee and a professional title of the People's Committee.

19. Research organization, scientific progress application-engineering and technology; construction of databases, information systems, state management, and professional management, and business.

20. Deploy the Administrative Reform program of the Department of Provincial People's Administrative Reform program.

21. Check, inspector, handle violation of the law and resolve the complaint, denounce, defence, anti-corruption in the field of labor, public and social persons under the rule of law and by the devolve or authorization of the Provincial People's Committee.

22. The organization performs public services in the field of labor, public and social workers within the Department of State management of the Department.

23. Implemonation of information work, periodic reporting, and groundbreaking work on the task of carrying out the task of being assigned to the Provincial People's Committee and the Ministry of Labor-Trade and Social Affairs.

24. Regulation of functions, duties, powers, organization of the apparatus and the work relationship of subordinate and subordinated units of the Department, in accordance with the function, mandate, authority, organizational structure of the Department under the guidance of the Federation of Labour-Trade and Social Affairs and the Ministry of Education. Internal Affairs and regulations of the Provincial People's Committee.

25. Manager of the organization of the apparatus, public editor, civil union tranche, employment position, career restructuring, and the number of people working in the public career units; implementing the wage and policy regime, the treatment regime. In general, training, fostering, commendation, discipline to civil union, officials and labor are governed by the rule of law and by the devolve or authorization of the Provincial People's Committee.

26. Administration and responsibility for finance, property is delivered by the rule of law and by the assignment, hierarchy, or authorization of the Provincial People's Committee.

27. perform other duties provided by the Provincial People 's Commission, the Chairman of the Provincial People' s Committee and by the provisions of the law.

What? 3. Organization Structure

1. Headquarters:

a) Department of Labor-Trade and Social Affairs has the Director and no more than 03 Deputy Director;

b) The Director of the Department of Labor-Trade and Social Affairs is the head of the Department of Labor-Trade and Social Affairs, responsible before the Provincial People 's Committee, the Chairman of the Provincial People' s Committee and before the law on the entire operation of the Department; in charge of reporting The issue before the Provincial People's Committee, the Chairman of the Provincial People's Committee, and the Minister of Labour-Trade and Social Affairs, reported before the Provincial People's Assembly, responding to the voter's petition, the counsel of the deputies of the Provincial People's Assembly;

c) Deputy Director is the person who helps the Director of the Department in charge of one or a number of tasks, which is responsible to the Director of the Department and before the law on the assignment of the assignment. When the Director of the Department is absent, a Deputy Director is Director of the Bureau of Directors operating the activities of the Department;

d) The appointment, reappointment, dismissal, motion, rotation, commendation, discipline, for resignation, retirement and execution of the regime, other policy towards the Director and Deputy Director of the Department of the Provincial Committee of the Provincial People's Committee;

The base rules on the management hierarchy of the Provincial People's Committee, the Director of the Decision, or the competent authorities to decide the appointment, dismissal of the head, the deputy head of the head of the unit at the standard. The title was issued by the People's Committee of the Provincial Committee.

2. Organization Structure:

a) The organizational structure of the Department of Labor-Trade and Social Affairs of 10 rooms:

-Office (including legal work);

-Inspector.

-Financial Planning.

-His office is fair.

-The employment department.

-The Chamber of Labor-Money Insurance.

-The Vocational Room.

-Rooms, anti-social media.

-Social Protection.

-The protection room, child care and gender equality.

The organizations involved, helping the Director of the Department to be established in accordance with the characteristics of each local, secure the area of the field of management.

In case the number of rooms is less than the number of rooms known as above (below 10), the Provincial People's Committee decides to adjust the name and function of the chamber, ensuring that the law is consistent with the law.

For the Department of Labor-Trade and Social Services in the organizational structure of the Department of Defense, Social Services, the Agency has a legal status, seals, accounts, and organizational structure of the genus with no more than 3 rooms.

The Director of the Department of Labor-Trade and Social Services, in collaboration with the Director of Internal Affairs of the Procurement Department, suing the full departments, the department of the Department in the Head-to-Head, multidisciplinary management, multidisciplinary management, multidisciplinary, the People's Committee. The provincial level decides to be specific, but the maximum is no more than 10 rooms (including the Bureau).

b) The local field of characteristics and requirements in the locality, Director of the Department of Labor-Trade and Social Services, in collaboration with the Director of the Department of the Provincial Committee of the Provincial People ' s Department decided to establish a career-based career unit under a competent authority. approval and regulation of the law.

3. Comptrove of the Department of Labor and Social Affairs:

a) The public and the number of persons working in the Department of Labor-Trade and Social Affairs is delivered on the basis of employment, mission, scope of operations and of the total public commission, the total number of people working the agencies, and the employment of the government. the administrative organization, the public career unit of the province, the Central City of Central to be granted authority to deliver or approve;

b) FuncFunction, mission, organizational structure and job placement portfolio, public tranche structure, organizational structure under the rank of approved occupational authority, annual Department of Labor Department-Trade and Social Services, in coordination with the Internal Affairs Department. Construction of the civil service plan, the number of people working, ensuring that the mission is delivered, the Provincial People's Committee decides.

Chapter II

LABOR ROOM-COMMERCE AND SOCIETY

What? 4. Position and function

1. The Chamber of Labor-Trade and Social Affairs is the specialized body of the District People 's Committee, which performs the staff function, which helps the People' s Committee to the district management of the state: Employment; employment; labor, wages; public money; social insurance (security) Compulsory social life, voluntary social insurance, unemployment insurance); occupational safety; workers; social protection; protection and childcare; gender equality; room, anti-social crime.

2. The Labour-Trade and Social Chamber has legal status, seals and accounts; are subject to the direction, management and executive of the District People ' s Committee; at the same time under the direction of direction, guidance, examination of expertise, the business of the Department of Labor-Trade Soldiers and Socialists.

What? 5. Mission and Power

1. The District People's Committee grants decision-making, directive; planning, long-term planning, 05 years and annually; the program, the organizational measure of the duties of state administrative reform in the field of state management is delivered.

2. The organization performs legislation, planning, planning after being approved; information, propaganda, disseminism, education of law on the field of labor, public and social persons are delivered; law enforcement.

3. Help the People ' s Board of the District to manage the state for collective economic organization, private economics, NGOs and NGOs that operate on the site of the labor sector, who is public and socially.

4. Guide, check out the implementation of regulations on social protection facilities, social houses, vocational facilities, employment services organization, mandatory rehab facility, voluntary rehab facility, post-rehab facility, victim support facility, facility, facility, and facility. Help children on the county table according to devolve, authorization.

5. The Guide and Organization performs the management of the listed recording.

6. Specialist guide, a career in the field of labor, public and social worker for cadres, civil service in township, ward, town.

7. Coordinate with the industry, the body of building the full-care movement, helping people with the revolution and social policy subjects.

8. Watch, check the institutions, individuals in the implementation of the laws of law on the field of labor, the public and society; resolve the complaint, denounce, the chamber, the anti-corruption, the waste as prescribed by the law and the division of the Committee. The people of the district.

9. Scientific advances, technology; construction of information systems, storage of state management in the field of labor, public and social workers on the site.

10. Implemonation of information work, periodic reporting, and groundbreaking work on the task of carrying out the tasks assigned to the provisions of the District People's Committee and the Department of Labor and Social Affairs.

11. Job management, public service, public tranche, implementation of the wage regime, policy, processing regime, reward, discipline, training and fostering of expertise, a career for civil service and labourers in the field of management. the Chamber of Laws by the law and the division of the District People's Committee.

12. Management and is responsible for the financing, property of the Chamber according to the rule of law and by the assignment of the District People's Committee.

13. perform other duties assigned by the Committee of the Municipalities of the District or by the provisions of the law.

Go. Okay. 6. I socket And the border. What?

1. The Chamber of Labor-Trade and Social Affairs has the Head of the Chamber, not more than 03 Deputy Head of Defence and Public Works practice, business.

a) Head of the Chamber of Labour-Trade and Social Affairs is the head of the Chamber of Labor and Social Affairs responsible to the District People 's Committee, the Chairman of the District People' s Committee and before the law on the entire operation of the Chamber of Labor- Merchants and Socialists;

b) Deputy Head of the Labour-Trade and Society helps the Head of the Department in charge of and track some of the work, accountable to the Chief of the Department and before the law on the assignment of the assignment. As the Head of the Chamber was absent, a Deputy Chief was commissioned to run the Operations of the Chamber of Labor and Social Affairs;

c) The appointment, reappointment, dismissal, motion, rotation, commendation, discipline, for resignation, retirement and execution of the regime, the other policy towards the Chief of the Department, Deputy Chief of the Committee of the District People's Committee.

2. The public service of the Chamber of Labour-Trade and Social Affairs is delivered on the basis of employment position, which is tied to the function, duty, scope of operations and of the general public commission in the agencies, administrative organization of the district granted jurisdiction. Give me

3. Funcability, mission, job placement portfolio, approved public tranche structure, annual Labor and Social Defence, in coordination with the Internal Office of the Public Service Building, under the provisions of the Company. The law ensures that the task is delivered, the authorship has jurisdiction over it.

Chapter III

THE ORGANIZATION.

What? 7. U Go on.

1. For the Labour-Trade and Social Affairs Department is having the number of Deputy Director more than the number of Deputy Director-General of the Department of Regulation at this Board of Information, it continues to maintain the number of Deputy Director available to ensure stability. Only Deputy Director is added when the number of Deputy Directors has not yet reached a sufficient number of regulations at this time.

2. For the cases that have been appointed to the head of the head, the deputy head of the units of the Department of Labour-Trade and Social before the date of this Citizenship Date is in effect, if after the arrangement, the entire organizational structure of the Department. Labor-Trade and Social Affairs that stop serving leadership, management or being appointed to the new office has a lower leadership position than the former head of office, which is entitled to the maintenance of the leadership in accordance with regulations at the Decision. number 140 /2009/QĐ-TTg December 31, 2009, Prime Minister of the Government on the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the United States.

What? 8. Effect of execution

This joint venture has been in effect since November 20, 2015 and replaces the U.S. Digital Federal Information. 10 /2008/TTLT-BLTBXH-BNV July 10, 2008 by the United Ministry of Labor and Social Affairs and the Ministry of the Interior directed the functions, duties, powers, and organizational structure of the professional body of the Provincial Committee of the Provincial People, the district and the state governing duties of the Committee on Human Rights. It ' s the social community, the public and the social.

What? 9.

1. The guidance base at this joint venture, the Provincial People ' s Committee provides specific functions, duties, powers, the apparatus of the Department of Labor and Social Services; the guidelines for the Committee of the District People to provide specific functions, duties, and other functions. Authority, organization of the Ministry of Labor and Social and Social Affairs.

2. The chairman of the Provincial People ' s Committee has the responsibility of organizing the implementation of the implementation of this Joint Citizenship Implementation.

In the course of execution, if there is a matter of birth or difficulty, entangrium, the provinces, the Central City of Central reflects on the Ministry of Labour-Trade and Social Affairs and the Ministry of Internal Affairs consider, addressing under the jurisdiction ./.

KT. MINISTER OF LABOR-Trade and Social Affairs
Chief.

KT. Minister of Internal Affairs
Chief.

(signed)

(signed)

Phu

Chen Anh Tuan