Circular 14/2015/tt-Bldtbxh: Provisions On Inspectors, Inspectors And Inspection Industry Collaborators Of Labour, Invalids And Social Affairs

Original Language Title: Thông tư 14/2015/TT-BLĐTBXH: Quy định về thanh tra viên, công chức thanh tra chuyên ngành và cộng tác viên thanh tra ngành Lao động - Thương binh và Xã hội

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
DEPARTMENT OF LABOR-COMMERCE AND SOCIETY
Number: 14 /2015/TT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 30, 2015

IT ' S SMART

Regulations on inspectors, professional inspector general. and the inspector general.

industry L Move- I You and me X Oh,

__________________

Law Bar on November 15, 2010;

Base of Protocol 97 /2011/NĐ-CP October 21, 2011 of the Government Regulation of inspectors and community inspectors;

Base of Protocol 07 /2012/NĐ-CP February 9, 2012 of the Government Regulation of the Authority is assigned to implement specialized inspection and specialized inspection activities;

Base of Protocol 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor-Trade and Social Affairs;

Base. Number Protocol 39 /2013/ND-CP April 24, 2013 of the Government Regulates The Organization and Operations of the Inspector of Labor-Trade and Social Affairs;

At the suggestion of Ch. Ah! Inspector,

The Minister of Labour-Trade and Social Affairs issued a regulatory advisory on inspectors, professional inspector general and of the staff of the Inspector of Labour-Trade and Social Affairs.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This message is about:

1. The mandate, the authority of the inspectors, fostering a professional inspector general, the conditions for ensuring the operation to the inspectors of Labour-Trade and Social Affairs;

2. Standards, duties, powers of the professional inspector general, the authority to decide the assignment of a professional inspector, costume, professional inspector general public inspection (the following call off is Card) and the conditions that ensure the operation of the company. Office of the Department of Labor and Social Affairs;

3. Standards, mission, jurisdiction, regime, policy for the inspector-general, display of the staff of the Inspector of Labour-Trade and Social Affairs;

4. The management of the inspectors, the public inspection officer and the use of the staff of the Inspector of Labour-Trade and Social Affairs.

What? 2. Subject applies

This information applies to inspectors, specialized inspectors, and the staff of the Inspector of Labour-Trade and Social Affairs; state inspectors of Labor-Trade and Social Affairs and Social Affairs; agencies assigned to the authorities. Industry inspectors and agencies, organized organizations, officials of the State Department of Labor-Trade and Society on display as an inspector-general.

Chapter II

LABOR AND SOCIAL WORKER INSPECTORS

What? 3. Inspector

1. The Labour and Social Industry Ombudman is the civil service of the state inspection agency Labour-Trade and Social Affairs, appointed to the inspection tranche to carry out the task of inspector and other duties according to the division of the government. The head of state inspectors of state inspectors include: inspectors of the Inspector of the Department of Labour-Trade and Social Affairs (later known as Inspector of the Department) and inspectors of the Inspector of the Department of Labour-Trade and Social Affairs (later known as Inspector Department).

2. The standard of the Labour and Social industry inspectors by regulation at Clause 1 Article 32 Inspector of Inspectology, Article 6, Article 7 and Article 8 No. 97 /2011/NĐ-CP October 21, 2011 the government provides for inspectors and inspector general.

What? 4. The mission, the authority of the inspector

Labour and Social and Social Service inspectors have a mandate, jurisdiction under regulation at Article 46 and Article 47 of the Ombudlaw Act when carrying out administrative inspectors; on duty, the prescribed powers at Article 53 and Article 54 of the Inspectology and Rules. The law is specialized in law enforcement.

What? 5. Injury of Professional Inspector

1. The Department of Inspection is responsible for the presiding officer, in coordination with the relevant agencies building program, document, and fostering plans specialized in the inspection of the Labor-Trade and Social Affairs Minister ' s Department of Commerce and the organization of the fostering organization. The plan's been approved.

2. Staff, public participation in a professional inspection business is granted a prescribed certificate at the 1a Model 1 and the 1b Form issued by this message.

3. The business of fostering a professional inspector general is set up in the annual state budget spending bill of the Inspector of the Ministry.

4. The funding for the cadres, the job of participating in a professional inspection business of the agency, the agency paid.

What? 6. The conditions guarantee operation against the inspector

1. The Ombudman is equipped with equipment and vehicles working at the agency under the rule of law. Upon going to work, inspectors conduct an independent inspector or by the inspection team equipped with the following work and equipment vehicles to serve the inspection operation:

a) The laptop, the printer;

b) Image capture, recording, recording;

c) specialized technical devices;

d) Other auxiliary devices cater to the operation of the inspector.

2. In addition to the vehicles, the technical equipment stated at this 1 Article, when conducting the inspector and in the case of necessity, the inspector body is used by means, other techniques by the rule of law. The Inspector of the Department of Technical Equipment serving the Inspector of State for approval.

3. travel media; information media, contacts; report, career exchange, and more.

a) The funding base of the state management agency of the same level, Inspector and Inspector Department is equipped with specialized automobile equipment to carry out prescribed tasks or work in places with complex terrain, places where there is no public transport.

b) The independent worker or an inspection team is guaranteed to use the internet during the execution of the mission.

c) Ombudman, inspection agencies in the Labor-Trade and Social Industry report, exchange of jobs through the form: phone, fax, email, mail-through mail and through other information media according to their regulations. the law and the rules of the unit.

4. The cost of implementing regulatory content at this is guaranteed from the annual state budget bill of the Department of Inspectology, the Labor Department-Trade and Social Affairs, the funding cited from the execution of the administrative breach through inspection, inspection, and other sources. The recall of the discovery by the inspector had already filed a state budget and other sources of funding under the rule of law.

Chapter III

LABOR DEPARTMENT INSPECTOR GENERAL -MERCHANT AND SOCIETY

What? 7. Professional Inspector

1. Chief Inspector General of Labor-Trade and Social Affairs is the work under the payroll of the Directorate General of Vocational Education and the Department of Foreign Work Management is assigned to the specialized inspection mission under the decision of the General Directorate General of Education. Job, the head of the Bureau of Labor Management.

2. The number of professional inspectors in the industry led by the Chief Directorate General of the Service, the Bureau of Labor Administration of Foreign Affairs, determined by the request, the task of each unit.

What? 8. The Standard of Professional Inspector

1. In capacity

a) Am understands the policy, the road, the policy of the Party, the law of the State for the use of specialized inspection.

b) Hold on the rules of expertise, the management rules concerning the field of state management of the unit where the work is.

c) There is knowledge of a career of Inspector General of Labor-Trade and Social Affairs.

d) There is an analytical, synthetic capacity.

2. In terms of the degree, seniority

a) There is a degree of graduate degree from the profession that is in accordance with the task of the inspector assigned.

b) There is a professional inspection certificate in the department.

c) There are at least 01 years of professional work in the field of specialized inspector general public inspection (not including the time of practice).

What? 9. Mission, the powers of the professional inspector general

It is specialized in the practice of conducting a mandate, the statutory authority stipulated at Article 53, Article 54 of the Ombuddlaw and other provisions of the law of specialization.

What? 10. The authority decides to partake in professional inspector general

The Director General of the Department of Vocational Affairs, the Bureau of Foreign Affairs Management Bureau of Foreign Affairs decided to distribute the public to direct management to carry out a specialized inspection mission under the organization ' s recommendation, the staff department on expert inspection work. The field

What? 11. Presentation, manual of professional inspector general

The public office of the Department of Vocational and Public Administration in the Foreign Service Administration has sufficient standards under regulation at Article 8 of this Smart Private Information Administration General Manager, Director of the Bureau of Labor in Foreign Affairs review, selection of public division. professional inspector general in the following procedure:

1. The organization, the staff of the staff, is specialized in the work of the chief inspector general of the Directorate General of Teaching, the Director of the Bureau of Labor in the Foreign Office of the Foreign Office of the Head of the Bureau of Labor.

2. The profile includes:

a)

b) The public list is selected for consideration to be assigned as a specialized inspection inspector;

c) By graduating college (copy);

d) The Certificate of Compensation (copy);

The decision was made to the public service (copy);

e) Primary background in Form 2C-BNV/2008 issued with Number Decision 02 /2008/QĐ-BNV June 6, 2008, Secretary of the Interior is confirmed by the Chief Minister of Public Affairs.

3. Director General of the Department of Vocational Affairs, Director of the Bureau of Labor Management from the grounds of the paperwork and records above to issue a decision to be assigned to the public to conduct a specialized inspection mission.

What? 12. Compensation of a professional inspector general for professional inspector general

1. The fostering of a professional inspector general for the public inspection profession is provided by the provisions of this Article 5.

2. The Director General of the Department of Vocational Affairs, Director of the Bureau of Labor in the Foreign Office, is responsible for the election of a specialized inspector to participate in the nursing classes.

What? 13. Professional inspection.

Industry inspectors are licensed, signage, signage, by the Minister of Labor and Social Affairs.

What? 14. Authority, deadline, card number

1. Minister of Labor-Trade and Social Affairs grant the public inspector general.

2. The shelf life is 05 years from the date of the grant.

3. Card Code:

Each specialized inspector general is issued a card number. Card number:

a) First Sign Group: A09 is the code of the Ministry of Labor-Trade and Society;

b) The next sign group is to sign the abbreviation for the name of each unit:

-The offshore labor management bureau is: QLLNN;

-The acronym is TCDN.

For example: A09-QLLNN.01, of which: A09 is the code for the Ministry of Labor and Social Affairs; QLLNNN is the Department of Foreign Service Management; 01 is the order for the order to grant a professional inspection.

What? 15. Card Template

1. rectangular card, 61 mm wide, 87 mm long including card embryos and protective membranes. The content on the card is presented in the font of the Vietnamese alphabet (Vietnamese font) according to the Vietnamese standard TCVN 6909:2001.

2. Two-sided cards:

a) Front (Prototype) Stain. Two issued by this. the red background, the text on the front of yellow, includes:

-The line on the Vietnamese flag. " PLUS Go. SOCIALIST VIETNAM " A dark flower print, a size 10;

-The next line: "Independence-Freedom-Happiness", The size of a bold letter, the size of the twelve, and the bottom line with the bottom line;

-The bottom line " PUBLIC CARD Oh. PUBLIC INSPECTOR GENERAL OF LABOR-COMMERCE AND SOCIETY " , a bold, 12-to-a-size.

b) The back (M) There. U Stain. Two issued by this. : The background is light gold; in the middle of a submerged in the shape of the emblem, there is light in the corners; from the top left corner to the bottom right is a red cross (6 mm wide). The content on the back of the Card has the following information:

-Card agency name: " B Here. LABOR-COMMERCE AND SOCIETY " (in the first row): The deep, dark flower, the size 12;

-Code number (second row): Dark uppercase, black, size 12. Credit card number represents the industry, sector and unit where public inspection is specialized;

-They and the name of the public are issued a card.

-The name of the driver's working body rank (in the fourth row): Bold print, black, size 12;

-Level date (in the fifth row): The usual one, the black, the size 12;

-The position and signature of the card level (writing in the sixth row): Bold uppercase, black, font size 12;

-Card, 18 mm diameter.

-The portrait of the licensee, the 23 mm x 30 mm gauge, at the bottom left side of the card, is a quarter of the mark in the bottom right corner of the image;

-Limited usage: abbreviated as HSD, the type in the usual print, the size 10 below the image.

What? 16. New Level, Level, exchange, Card recovery

1. Card Level forms

a) The new level: when civil service is in the office of the General Manager, the Bureau of Foreign Affairs Management is assigned as a specialized inspector general.

b) Level b: in case the card is lost, the failure is caused by the objective cause; it is not granted in the case of a specialized inspection public inspection of the card revoked due to the violation of the laws of the law.

c) Change: in the case of the expiration Card case, change the card number, change the name of the body assigned to a specialized inspection function or when a new regulation is given on the card template.

d) recall: when civil justice, retirement, retirement, job transfer, forced resignation, no longer being assigned as a professional inspector, was found guilty by a court with a legal effect or imprisoned for investigation, trial.

2. sequencing, new level procedure, reissue, exchange, Card recovery

a) The Ministry of Inspectoration, a case appraisal, is assigned by the assigned agencies, which specializes in the execution of the new, radical, exchange, and recovery of the Minister's Card within 10 days of the date received full and valid records.

b) The body is assigned to the specialized inspection function of the task:

-The established list of public officials is a professional inspector-level public inspector (through Inspector) of the new, radical, exchange, card recall;

-The full file is prescribed at the third paragraph.

3. New level offer file, reissue, exchange, Card recovery

a) A new level card:

-List of professional Inspector of Cards (according to the number three issued by this message) ()

-The decision to be assigned to the public inspection of the office of specialized inspection (each of the 01 major) of the Head of the Office of the Direct Management Authority;

-The agency's recommendation was assigned to specialized inspection.

-The public image recommended that the cards are issued (2 sizes of 23 mm x 30 mm) with the name of the name, the unit behind the image and on the image envelope.

b) A card exchange: As specified at point a, paragraph 3 This and accompanying the Card are issued last time to cut the angle of the destruction.

c) The card reissued the Card: As specified at the point a, paragraph 3 This and accompanying the Card grant application.

d) Card recall records:

-The agency ' s work is committed to a specialized inspection of the card recall offering;

-The document that proves or announces that the civil service is no longer assigned as a professional inspector according to the reasons indicated at the point of paragraph 1 This Article.

What? 17. Responsibility in the issuing, management, Use of Card

1. The Department inspector is responsible

a) Help the Minister for the management of the card embryo, card-level records; open-level tracking, level-level, card-changing; execution of the prescribed card-level ministerial procedure at this Smart.

b) Continue to receive the changed card, the revoked card, cut the corner and save the card level file.

c) Follow, check, monitor the level, play, manage, use, recover the Card and guide the processing of the births (if any).

2. General Manager, Department of Foreign Affairs Management is responsible for

a) Take on the Card, directly issue the Card and monitor the process of using a specialized inspector's card in the management unit.

b) recall, submitted to the Ministry (via Inspector General) when the professional inspector's card was revoked in accordance with the stipulation at point d, paragraph 1, Article 16 of this.

c) The new level of recommendation, repetition, change the card in accordance with this message.

3. Professional Inspector Job is responsible.

a) The preservation, use of the correct card; program the card when performing a specialized inspection task.

b) Do not use the Card when you do not perform an inspection task under the rule of law.

c) Report to the head of the direct management agency and do the application for the card exchange, reissued the Card when the card is broken, lost the Card.

d) Nsubmit the Card in the prescribed cases at point d, paragraph 1, this Article 16.

What? 18. Cost of clothing, Card and Compensation for the public inspection industry

1. The garment funding is administered by the direct agency, using the department inspector general pay from the assigned budget source.

2. The card for the embryo is arranged in the source of the annual budget for the Inspector of the Department.

3. The accretion regime is specialized in the implementation of a specialized inspection mission due to the agency, the unit decision to check out the provisions of the regulations on the compensation regime of the Ministry of Finance.

4. annually, the bill funds the funding of the same finance agency, which has the authority to approve and is assigned to the same annual state budget expenditures, as warranties of the State Budget Act.

Chapter IV

LABOR INDUSTRY INSPECTOR GENERAL -MERCHANT AND SOCIETY

What? 19. The inspector general.

The inspector general is an officer, an officer assigned to the Inspector Department, Inspector of the Department of the Inspector's Department to perform an inspection mission in the field of the Labour-Trade and Social Industry. The detective collaborator is the non-commissioned officer of state inspection agencies.

What? 20. Inspector of the Inspector of the Inspector

1. There is a political, moral, moral, responsible sense of responsibility, integrity, honesty, objective, objective.

2. Am I understand the law, whose expertise is consistent with the requirements of the exercise agency.

3. With the ability to analyze, synthex and write reports.

4. There are at least 02 years of work in the exhibition field.

What? 21. Inspector General of the Inspector

1. Chief Inspector and Chief Inspector of the Department have the right to display the inspector general.

2. Before the display of the inspector general, the Chief Inspector, Chief Inspector of the Department has written or exchanged directly with the agency, the officer is on display.

3. After unification with the public administration, the officer is on display, Chief Inspector of the Department, Chief Inspector of the Department of the Inspector of Public Affairs. Text content must be noted for the display base, the name of the given name, the time of the exercise, the work place, the enlightened regime.

4. End of the training period, Chief Inspector, Chief Inspector of the Department of Public Affairs commented on the task of carrying out the duties of the inspector-agent to the head of the body directly to the public, on the board.

What? 22. The mission, the jurisdiction of the inspector plus

The inspector community performs tasks, statutory powers at Article 47 and Article 54 of the Law of Inspects and duties, other powers according to the provisions of the specialized law.

What? 23. The regime, the policy toward the inspector community

1. The Direct Authority manages the payroll, which is a subordinate to the inspector general (if any).

2. The exercise agency pays the payment of the fee for the inspector general under the regulation at point a, paragraph 6, Article 2 Digital News 97 /2010/TT-BTC July 6, 2010, by the Ministry of Finance of the Ministry of Finance, the regime's regulatory regime, on the basis of the public meetings of the state agencies and the public office unit. Specific:

a) Inspector of the Department paid the charge for the inspector general due to its display;

b) Department of Labor-Trade and Social Affairs paid for the payment of fees to the inspector general staff issued by Inspector of the Department. The case of the Ombudman has its own account, directly paying the cost to the collaborator.

3. The exercise agency guarantees the conditions, means of work and other rights to the community as a member of the inspection team.

What? 24. The inspector plus the inspector plus

1. The business of the display of the inspection partner pursues to Article 26 of the Protocol 97 /2011/NĐ-CP October 21, 2011 the government provides for inspectors and inspector general.

2. The display agency may use funding from programs, projects, and other sources by law to pay for the inspection partner.

Chapter V.

INSPECTOR GENERAL, INSPECTOR GENERAL THE MAJORS AND THE INSPECTOR GENERAL.

LABOR INDUSTRY-COMMERCE AND SOCIETY

What? 25. The responsibility of the head of state inspectors

1. Organization, implementation, or authorship of the authority to carry out the regimes, policies and ensure that the conditions of operation for inspectors are directly administered by the jurisdiction.

2. Detout, monitor, check out the execution of the inspector general ' s mission.

3. Proposal with a state agency that has the authority to appoint, exempt, tranche, tranches, retreats, training, fostering to inspectors.

4. Evaluation of inspectors in the regulatory authority under regulation.

5. Manage, check out the use of clothing, signage, signage, detective card.

6. Make the award of commendation, the discipline of inspectors by authority or offer of the authority to have the authority to praise, the discipline of inspectors by statute.

7. Statistics and report of the inspector general situation directly to the management of the superior inspector general.

8. Resolve the complaint, denouncing the inspector according to the rule of law.

9. Do other duties, other powers according to the rule of law.

What? 26. The responsibility of the Chief Minister is assigned to the professional inspector function.

1. Check out the task of carrying out the duties of the professional inspector general in accordance with the regulation of the inspection law.

2. Make sure the conditions of operation, the regimes and policies for the professional inspector general in accordance with the regulations.

3. Send a professional inspector general to a professional inspector general in accordance with the regulations.

4. Evaluation of specialized inspection formula within the prescribed direct management range.

5. Manage, check out the use of clothing, signage, signage, Card within direct management range.

6. Make the award of commendation, discipline of professional inspection in accordance with jurisdiction or offer of award-granting authority, disciplinary discipline.

7. Statistics and report on the task of a professional inspector general's duties directly under the requirements of the superior management authority.

8. Resolve the complaint, denouncing the professional inspector general in accordance with the rule of law.

9. Do other duties, other powers according to the rule of law.

What? 27. The responsibility of the head of the state inspection agency in the display of the inspector community

1. Use the inspector general in accordance with the expertise, the business that matches the request, the mission mission.

2. Check out, oversee the execution of the inspector general ' s mission during the exercise period.

3. Reassessment, evaluate the task of the inspector general ' s mission at the end of the exercise.

4. Cost payments, ensure the conditions, means of work and other rights to the inspector general in accordance with this privacy regulations.

5. Khen rewarded or proposes an organ with a commendation authority, the discipline of the law of the inspector according to the rule of law.

What? 28. The responsibility of the Chief Minister of the Authority, the officer is on display

1. Send, the official layout, the officer is set to join the inspection troupe according to the state inspection agency ' s exhibition justice.

2. Coordinate with the Chief Minister of the State Inspector of State for inspection, overseeing the task of carrying out the duties of the inspector general in the jurisdiction jurisdiction.

3. Use the comments of the editor ' s agency to judge in the evaluation, test competition-commendation and execution of the regime, the other policy towards the public, the officer is on display.

What? 29. Enjoy

The inspector, the department inspector, and the inspector general complete the task of being rewarded by the state inspection agency.

What? 30. Waste Processing

The inspector, a professional inspector, and an inspector general during the course of the task of carrying out a violation of the laws of the law, according to the nature of the law, the extent of the breach will be subject to disciplinary action, the handling of the administrative breach or the prosecution. It ' s a criminal responsibility for criminal justice.

Chapter VI

EXECUTION CLAUSE

What? 31. Effect of execution

It has been in effect since 1 July 2015.

What? 32.

Chief Inspector General, Chief Directorate General of the Department of Vocational Affairs, Bureau of Foreign Affairs Administration and Head of the Agency, unit of the Ministry of Labour-Trade and Social Affairs, Director of the Department, Chief Inspector of the Department and the agencies, organizations, individuals are involved. is responsible for this practice.

In the course of the implementation of the difficulty, the proposal is reflected in the Ministry of Labor and Social Affairs (through the Inspector of the Ministry) in time for the revised, complementary ./.

KT. MINISTER.
Chief.

(signed)

Nguyen Thanh Hòn